| Probable cause affidavit: |
SUBMITTED BY: CALLAHAN, CRAIG 0643 (AR10117532) WARD, KELLIE 0725 UNLAWFULLY RESIST, OBSTRUCT OR OPPOSE DEPUTY CALLAHAN OF THE CITRUS COUNTY SHERIFF'S OFFICE, WHO WAS THEN AND THERE IN THE LAWFUL EXECUTION OF A LEGAL DUTY, OR EXECUTION OF LEGAL PROCESS, TO WIT: TRESPASSING THE DEFENDANT FROM THE PROPERTY, WITHOUT OFFERING OR DOING VIOLENCE TO THE PERSON OF SUCH OFFICER, IN VIOLATION OF FLORIDA STATE STATUTE 843.02 AND UNLAWFULLY AND WILLFULLY ENTER OR REMAIN IN A STRUCTURE OR CONVEYANCE, TO WIT: THE EAGLES CLUB ESTABLISHMENT, THE PROPERTY OF THE VICTIM, WITHOUT BEING AUTHORIZED, LICENSED, OR INVITED TO DO SO BY THE OWNER, LESSEE, OR THEIR AGENT, IN VIOLATION OF FLORIDA STATE STATUTE 810.09(2)(B). ON 102210 AT APPROXIMATELY 2132 HOURS, I RESPONDED TO 8733 EAST GULF TO LAKE HIGHWAY IN INVERNESS IN REFERENCE TO A DISTURBANCE. UPON ARRIVAL, I MADE CONTACT WITH THE COMPLAINANT WHO STATED HE HAD TWO WHITE MALE SUBJECTS INSIDE OF THE ESTABLISHMENT WHO HE WANTED TRESPASSED. THE COMPLAINANT STATED ONE OF THE SUBJECTS, BY THE NAME OF "ANIMAL" WAS CAUSING TROUBLE WITH OTHER PATRONS OF THE ESTABLISHMENT AND HAD COME AFTER ONE OF THE MANAGER. THE COMPLAINANT ALSO ADVISED HE WANTED THE DEFENDANT, LATER IDENTIFIED AS MR JOHN MYERS, ALSO KNOWN AS "CAPITAN," TRESPASSED AS WELL. I MADE CONTACT WITH THE SUBJECT KNOWN AS "ANIMAL" AND THE DEFENDANT WHO WERE SITTING AT THE BAR. I ADVISED THEM THAT THEY HAD TO LEAVE. THE DEFENDANT QUESTIONED WHY HE WAS BEING ASKED TO LEAVE AND HE ALSO WOULD NOT COOPERATE WITH ME. I ADVISED THE DEFENDANT THAT HE NEEDED TO GO OUTSIDE OF THE ESTABLISHMENT AND HE CONTINUED TO BE UNCOOPERATIVE. THE DEFENDANT EXITED THE ESTABLISHMENT, GOING TO THE SCREEN PORCH AREA LOCATED JUST OUTSIDE OF THE DOOR TO THE ESTABLISHMENT, ALONG WITH "ANIMAL," WHO GOT INTO A TAXI WHICH WAS WAITING OUTSIDE OF THE ESTABLISHMENT FOR THE TWO SUBJECTS. CANINE DEPUTY BEHNEN ARRIVED ON SCENE AT THAT TIME. THE DEFENDANT REMAINED UNCOOPERATIVE AND REFUSED TO GET IN THE TAXI EVEN AFTER HAVING BEEN TOLD SIX TIMES THAT HE WAS BEING TRESPASSED FROM THE ESTABLISHMENT. THE DEFENDANT WAS ADVISED AGAIN THAT HE NEEDED TO GET IN THE TAXI AND LEAVE THE ESTABLISHMENT SINCE HE WAS BEING TRESPASSED, HOWEVER, THE DEFENDANT REMAINED UNCOOPERATIVE AND REFUSED TO LEAVE. DEPUTY CALLAHAN APPROACHED THE DEFENDANT FROM BEHIND, ADVISING HIM THAT HE WAS UNDER ARREST FOR TRESPASS AFTER HAVING BEEN WARNED NUMEROUS TIMES. THE DEFENDANT THEN TURNED AROUND, FACED DEPUTY CALLAHAN, THREW HIS ARMS UP TOWARD DEPUTY CALLAHAN, IN AN AGGRESSIVE MANNER AS IF HE WAS GOING TO STRIKE HIM, AND STATED "I'M THE FUCKING CAPITAN AND I DON'T HAVE TO." THE DEFENDANT WAS RE-DIRECTED TO THE GROUND BY CANINE DEPUTY BEHNEN WHERE THE DEFENDANT STRUCK HIS HEAD ON AN ANGLED PIECE OF METAL, CAUSING A LACERATION. THE DEFENDANT WAS PICKED UP BY CANINE DEPUTY BEHNEN AND SECURED IN HANDCUFFS (DOUBLE LOCKED) BEHIND HIS BACK BY DEPUTY CALLAHAN. EMERGENCY MEDICAL SERVICES (EMS) WAS CONTACTED. THE DEFENDANT WAS ADVISED HE WAS BEING PLACED UNDER ARREST FOR TRESPASS AFTER WARNING AND RESISTING ARREST WITHOUT VIOLENCE. WHEN EMS ARRIVED, THE DEFENDANT REFUSED TREATMENT AND TRANSPORT BY EMS. HOWEVER, THE DEFENDANT WAS ADVISED BY EMS PERSONNEL THAT HIS LACERATION WOULD REQUIRE SUTURES. THE DEFENDANT WAS SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO CITRUS MEMORIAL HEALTH SYSTEM EMERGENCY ROOM WHERE HIS LACERATION WAS SUTURED. THE DEFENDANT WAS MEDICALLY CLEARED, RE-SECURED IN THE REAR SEAT OF MY PATROL VEHICLE AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR FURTHER PROCESSING. UPON ARRIVAL AT THE DETENTION FACILITY, THE DEFENDANT WAS PROCESSED, BOOKED AND HELD ON A TOTAL BOND OF $1,000.00, IN ACCORDANCE WITH THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
